Terms of Service & End-User License Agreement


This is an agreement between Santam Limited (“Santam"), the owner and operator of www.santam.co.za (the “Santam Site”), the Santam software, including Santam (collectively, including all content provided by, the "Santam Service", or the "Service"), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND Santam's PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.santam.co.za, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

These Terms of Service apply to all users of the Santam Service. Information provided by our users through the Santam Service may contain links to third party websites that are not owned or controlled by Santam. Santam has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Santam will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Santam shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

A. Santam has added a new dimension to Insurance good and proper. We help you stay safe out there with a single swipe on your smart phone. Accident & Incident Reporter captures critical incident details, gets help instantly and submits your claim straight away. Follow Me tracks your loved ones and keeps you connected when you need extra reassurance along the way.

B. Subject to your compliance with these Terms of Service, Santam hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Santam's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Santam servers in a given period of time than a human can reasonably produce in the same period by using a Santam application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Santam grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Santam reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Santam clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

The design of the Santam Service along with Santam created text, scripts, graphics, interactive features and the like and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Santam subject to copyright and other intellectual property rights under South Africa and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Santam reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of third parties obtained through the Service for any commercial purposes.

D. You shall be solely responsible for your own submissions and the consequences of posting.

E. Santam permits you to link to materials on the Service for personal purposes only. Santam reserves the right to discontinue any aspect of the Santam Service at any time. You agree that your use of the Santam service shall be at your sole risk. To the fullest extent permitted by law, Santam, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. Santam makes no warranties or representations about the accuracy or completeness of this service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Santam service. Santam does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Santam service or any hyperlinked website or featured in any user status submission or other advertising, and Santam will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. in no event shall Santam, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Santam client, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms of service or privacy policy. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Santam shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Service is controlled and offered by Santam from its facilities in the South Africa. Santam makes no representations that the Santam Service is appropriate or available for use in other locations. Those who access or use the Santam Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree to defend, indemnify and hold harmless Santam, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Santam Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Santam Service.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the Santam Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the Santam Service. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Santam without restriction.

You agree that: (i) the Santam Service shall be deemed solely based in South Africa; (ii) the Santam Service shall be deemed a passive server that does not give rise to personal jurisdiction over Santam, either specific or general, in jurisdictions other than South Africa; and (iii) that you agree to subject to the jurisdiction of South Africa in the event of any legal dispute. These Terms of Service shall be governed by the laws of South Africa, without respect to its conflict of laws principles. Any claim or dispute between you and Santam that arises in whole or in part from the Santam Service shall be decided exclusively by a court of competent jurisdiction located in Cape Town, South Africa. These Terms of Service, together with the Privacy Policy at http://www.santam.co.za any other legal notices published by Santam, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Santam concerning the Santam Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Santam 's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Santam reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Santam Service. Your continued use of the Santam Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

Privacy Notice

Santam Limited ("Santam") is committed to ensuring the privacy and integrity of information submitted by visitors to our web-site and mobile applications. All information of a personal nature submitted or provided by visitors will be treated confidentially and will not be disclosed to any person without express consent of the visitor concerned. However, disclosure or any information provided or submitted by a visitor may be made where such information is in the public domain or Santam is obliged in terms of any law, order of court, legal process or other lawful reason to disclose such information. Personal information may be disclosed to Santam employees, suppliers and marketing agents where this information is necessary for them to evaluate and enhance the product and services offered on this web-site. Santam may disclose certain personal information of visitors, such as names, physical, postal and e-mail addresses to affiliated service providers for purposes of distributing promotional materials, newsletters, surveys and questionnaires or other information or material but only if a visitor has specifically indicated its willingness to receive such materials or information. Santam may provide third parties with general information that does not include particular personal information about visitors, such as their names and addresses, and which is intended to be used solely for compiling statistical or demographic information or otherwise abstract and non-personalised information.

Santam does not and cannot control the confidentiality, access to or dissemination of information which is retrieved through the use of "cookies" or information retrieved through the collecting and storing of IP addresses of visitors to this web-site. A "cookie" is a computer file, which is transferred automatically from our web site to a visitor's computer during an online session, and which enables Santam, its sponsors and advertisers to customise webpage content and to gather general information on the use and frequency of the visitor traffic.

An IP address is an address assigned to your computer or server identifying it when conducting Internet activity. Santam does not support or encourage and will take all reasonable measures to ensure the prohibition and removal from this web-site of all material which is or is likely to be interpreted, in Santam's opinion, as libellous, harmful, threatening, abusive, defamatory, indecent, obscene or pornographic.

End-User License Agreement (“EULA”)

Acknowledgement: Santam and you (the “end user”) acknowledge that the EULA is concluded between Santam and the end-user only, and not with Apple, and Santam, not Apple, are solely responsible for the Licensed Application and the content thereof. Scope of License: The license granted to the end-user for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service.

Maintenance and Support: Santam shall be solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. Santam and the end-user acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

Warranty: Santam shall be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to the end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.

Product Claims: Santam and the end-user acknowledges that Santam, not Apple, are responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The EULA may not limit Santam’s liability to the end-user beyond what is permitted by applicable law.

Intellectual Property Rights: Santam and the end-user acknowledges that, in the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, Santam, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Legal Compliance: The end-user represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address: Santam Limited address, 1 Sportica Crescent, Tyger Valley, 7530 contact information, telephone number 021 915 7000; E-mail address Santamapp@santam.co.za to which any end-user questions, complaints or claims with respect to the Licensed Application should be directed. Third Party Beneficiary: Santam and the end-user acknowledges and agrees that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.